Waco Burglary Lawyer

In Texas, a burglary charge is treated much more seriously than a regular theft charge and the penalties for a burglary conviction are severe under Texas law.  If you are facing burglary charges, have been arrested for or is dealing with a burglary investigation, our burglary attorney will work to ensure that your legal rights are protected and we will provide the counsel and defense you need to fight a burglary charge.  A burglary charge or "breaking and entering" as it is sometimes referred to, can have life-altering consequences.  Therefore if you are charged with burglary, it is important to find good legal advice immediately.

Burglary Charges & Breaking And Entering Laws

Burglary charges can result in several potential punishments. Among them: jail and prison time, fines, and a criminal record that can affect the rest of your life. When in need of information regarding Texas burglary and breaking and entering laws, it’s advisable to get the assistance of knowledgable and experienced burglary attorneys. They can explain burglary vs robbery, and make sure all aspects of your breaking and entering charges are understood. Traditionally, burglary was defined as the breaking and entering of a dwelling house in the nighttime with the specific intent to commit a felony. This definition, known as “common law burglary,” includes the specific meanings of "breaking” and “entering.”  However, Texas has moved away from the common law definition of burglary and has set forth specific definitions that are considered "burglary" under Texas law.

Texas Law on Burglary

Under Texas law, a person commits a burglary if he/she does any one of the followng acts:

  1. enters a habitation, building, or any part of a building that is not open to the public; without consent of the owner; and intends to commit a felony, theft, or assault.
  2. remains concealed in a building or habitation and intends to commit a felony, theft, or assault.
  3. enters a building or habitation and committing or attempting to commit a felony, theft, or an assault.

A burglary offense is a felony under Texas law.  However, whether the offense is a first, second or third degree felony dpends on the circumstances of each case.

It is important to understand that under Texas law, "entering" a building or habitation requires only that some part of your body or any object that you are holding or that is otherwise attached to your body enter the building or habitation.  For example, if a person simply puts a flashlight through a window in a building, then that would be considered "entering" a building under Texas law. 

It does not matter whether or not the building is inhabitated or not; however, the punishments are much more serious if the building is inhabitated.  For specific information on burglary of a habitation, burglary of a motor vehicle, or aggravated burglary, see our pages on each offense.

Contact Our Burglary Law Firm

If you’re faced with burglary charges, our burglary attorney is here to help you. We know that good people can make bad decisions, and we are experienced with Texas burglary laws and defenses. It is vital to contact a criminal attorney as soon as possible in order to protect your rights and provide you the best possible defense. Call us for a consultation right away. The more time we have to investigate the breaking and entering charges, the better we can prepare your defense.      

Contact McDermed Law Firm Today Online or at 254-652-3401.

Address:3201 Franklin Avenue, Suite 3 Waco, Texas 76710 Phone:254-652-3401 Fax:254-776-6607